305. (M. 2d.) Job Parker was indicted for breaking and entering the dwelling house of Margaret Gibbons , on the 13th of March, about the hour of twelve in the night, and stealing a linen gown and petticoat, value 4 s. a red and white gown and petticoat, value 4 s. a pair of stays, value 4 s. three linen shifts, value 5 s. a cloth apron, value 1 s. a muslin apron, value 1 s. a sattin cloak, four silver pins, set with stones, a gold ring, a pair of ear-rings, a black silk handkerchief, a white linen gown, and a dimothy petticoat, the property of Mary Ann Gibbons , in the dwelling house of the said Margaret . ++

The witnesses were examined apart at the request of the prisoner.

Mary Ann Gibbons . I am daughter to Margaret Gibbons , in Baker's Row, Cold Bath Fields . My mother's house was broke open the 13th of March ; I discovered it between twelve and one in the night. I heard somebody walk about the room over me; I lay in the room under that room which was broke. I called out. I lay in the kitchen. I called to the watch; when the watchman came, there was nobody in the house. I heard somebody jump out at a window. I went up stairs with the watchman, and found the window shutter broke open in the parlour, in the ground-floor; the fastening that the bolt goes into of the window was wrenched off: three locks of the drawers were broke, and the things in the indictment were missing; a linen gown and petticoat, a red and white linen gown and petticoat, a pair of stays, three linen shifts, a cloth apron, a muslin apron, a blue sattin cloak, four silver pins, set with stones, a gold ring, a pair of gold ear-rings, a pair of green ear-rings, a black sprig, a black silk handkerchief, a white linnen gown, and a dimothy petticoat, my property. Part of the goods are here; I know nothing who took them. I was in the parlour about eleven in the evening; then the window-shutter was safe, and the things in the drawers.

Joseph Shaw . I am one of the patrol belonging to St. Ann's lower liberty. I believe it was about half past one o'clock that night, I was standing in Union-court, speaking to a watchman. The prisoner came past, and two companions with him; he had this bundle under his right arm. I seized him by the collar, and called for assistance. The watchman hit him on his head, and knocked his hat off: he hit again, and hit my hand; I said, Hold your hand. The prisoner dropped his bundle; one of the men behind him pointed a pistol at me, and said he would fire if I did not let him go. I said, You may fire away. He turned round and fired at one of the watchman; the pistol flashed in the pan, but did not go off. Then a watchman took hold of the other side of the prisoner's collar, and we brought him to the watch-house; the other two got away. One of my fellow-servants picked up the bundle, and brought it after us. As we were carrying the prisoner to the watch-house, he sumbled at his right side coat-pocket. He dropped a piece of iron. I called to a watchman to see in that place if he did not find a piece of iron. He picked up a chissel within a yard of the place where I told him. The prisoner was searched: there was a piece of candle, and a snuff box, he called it, but it was a tinder-box. (Produced in court.)

- Crocker. I am a watchman. I was standing in Union-court, talking to Shaw; that is better than half a mile from the prosecutrix's house. The prisoner came by with a bundle,

and two men at a little distance from him; Shaw told him, he should detain him. The prisoner said, The watchman knows me very well, (I black shoes sometimes, and I have blocked his.) After he was seized, the two men that were about six yards behind him, stepped up, and with a great oath, said, they would blow our brains out if we did not let him go. I did not see the pistol. The third man snapped a pistol; it flashed in the pan, but did not go off. We took the prisoner and his bundle to the officer of the night; the other two went away. John Dunstan took up the bundle. Going to the watch-house, near a grocer's shop, we heard some iron fall from the prisoner. We did not stand to look for it then; but we went back to the place, and found a large chissel.

John Dunstan . I was at the end of Cross-street, about half an hour after one. The prisoner came by with a bundle under his arm, and two men followed him. He gave exactly the same account as the other evidences.

Mr. Barrow. I was the officer of the night. This bundle was brought by the watchman with the prisoner, to the watch-house. Producing a purple and white linen gown, a red and white linen gown and petticoat, a muslin handkerchief, a blue sattin cardinal. ( Deposed to by Mary Ann Gibbons, as her property, part of the things that were lost.)

Prisoner's Defence.

I was at my father's house at one o'clock, and never departed from it till past one. Coming along through Union-court, I heard the cry, Stop thief! and somebody fired a pistol. I was so affrighted, whether the watchman knocked me down, or whether I fell down, I don't know. I never had the bundle. One of the men rushed by me: I heard something fall against my leg.

He called James Tulip , who had known him between two and three years; Mary Warren , and Laurence Eade , fourteen years; Jane Backet , thirteen; Thomas Mead , fourteen or fifteen; and William Riley , about five years; who said he was a screw-maker , and they knew no harm of him.